VanAlstyne v. Whalen

We encounter this case for the second time.1 Here the plaintiff appeals from an order denying his motion for a new trial and from the judgment entered after the defendant consented to an additur to the jury’s verdict. See Mass.R.Civ.P. 59(a), 365 Mass. 827 (1974). The circumstances in which VanAlstyne sustained the injuries here sued upon are described fully in VanAlstyne v. Whalen, 15 Mass. App. Ct. 340,341-343 *240(1983). In brief, VanAlstyne was playfully running beside or clinging to Whalen’s accelerating automobile. At some point he fell away from the car and sustained serious injuries on…